Consumer Protection Act, 1986, Section 23 -- Insurance claim - Theft of vehicle - Incident of theft on 26.06 and FIR registered on 27.06 - Intimation given to Insurance Company on 02.07 - There was thus no breach of Condition No.1 of policy...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Theft of vehicle - FIR was registered after the incident of theft and intimation was also given to insurance company - There was thus, no breach of condition No.1 - However, since driver of vehicle was negligent in leaving vehicle unattended with the key in the ignition, there is breach of..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Reimbursement of medical expenses - Evidence regarding reimbursement of medical expenses was on record in the form of medical bills - Insurance company has not disputed these documents instead contended that there was no evidence on record to show that payment was made - This is not a correct submission or..........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Theft of passenger's money while travelling in a train - Railways cannot be held, liable for theft of passenger's belongings - Consumer complaint dismissed...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Surveyors report - Not the last and final one and not so sacrosanct as to incapable of being departed from - However, there has to be some cogent and satisfactory reasons or grounds made out by the insurer for not accepting the report...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Insurance Company repudiated the claim on the ground that loss caused to respondent was an outcome of malicious act and fell within exclusion clause of policy - However, insurance Company failed to discharge its burden of bringing case within exclusionary clause of Insurance policy - Surveyor in..........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Accidental fire - Damage to machinery - Fire accident occurred during subsistence of policy - Said accident had caused damage to property of appellants including the machinery in question - Report of surveyor shows that fire brigade was called and water was sprayed over machinery which caused damage to..........
Consumer Protection Act, 1986, Section 2(1)(b)(iv), Civil Procedure Code, 1908, Order 1, Rule 8 -- Joint complaint - When similarly placed complainants jointly make complaint seeking very same relief, there is no question of O.1.R.8 CPC being complied with as they do not represent others, particularly when there is no larger public interest involved...........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Medical negligence - Insurance policy issued in favour of doctors - Consumer complaint against hospital and doctors - Doctors held to be negligent - Insurance company is liable to said extent and in all other respects, hospital shall reimburse the compensation jointly and severally...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Release of electricity connection - Sought in a suit for mandatory injunction - Theft of electricity - Mere registration of FIR does not amount to any conclusive proof of theft - Electricity being a basic requirement, cannot be deprived to a consumer when allegations qua his being an..........
